Attorney Discusses Drunk Driving Arrests

Heading into the St. Patrick’s Day Holiday celebrations, Los Angeles DUI attorney Myles Berman is interviewed about drunk driving arrests on the Mark & Brian talk radio program. Mr. Berman answers questions from listeners and also discusses what to expect following an arrest for drunk driving. Learn more about what you should do if you are arrested under suspicion of drunk driving in Southern California. If you find yourself in need of an experienced DUI lawyer, contact Top Gun DUI today.

FIELD SOBRIETY AND CHEMICAL TESTING – IS IT MANDATORY?

At the beginning of the interview, Los Angeles DUI attorney Myles Berman is asked by the host to describe what happens following an arrest for suspicion of drunk driving. Mr. Berman begins addressing the question by providing some background concerning what information we as drivers are and are not required to provide police officers. Learn more about field sobriety testing and find out how to protect your rights if you are arrested for suspicion of DUI.

DJ: Welcome back to the Mark & Brian radio program. In the spirit of St. Patrick’s Day we’re speaking with Myles L. Berman. He is the Top Gun DUI defense attorney. There is a phone number if you need any help: 888-4-TOPGUN. He’s got a website: www.topgundui.com

DJ: Alright, so it’s two-o-clock in the morning. You get pulled over and arrested for drunk driving. They take you in. You can’t get an attorney at two-o-clock in the morning. How should a person conduct himself or herself? What should they do? What should they not do while they wait for an attorney.

Myles L. Berman: Okay, so let me give you a little bit of the background to put it into context. When you’re investigated for DUI, you don’t have to tell the police where you’re coming from, where you’re going to. You just have to identify yourself, license and registration. Field sobriety tests are completely voluntary. So in other words, “walk the line, finger to the nose.” And I have never in my life—but maybe somebody else has—seen some one tooling down the freeway with their eyes closed, head back, touching tip of their nose, alternating it six times. I mean, there really isn’t that much if a connection between field sobriety tests and being under the influence.

DJ: But if you deny a breathalyzer test, or a field sobriety test, doesn’t that make you look guilty?

MylesBerman: In California we agreed, you know, when we get our drivers license, that we will take a test. Now I’m talking about over 21. Same thing as under 21, but over 21 it’s .01 instead of .08. Under 21 it’s a .01 or greater, so the threshold is a lot less. People do refuse and if you refuse a chemical test. It’s called a chemical test. Blood, breath, and sometimes urine. If you do refuse, your punishment in court, if convicted, could be greater, and your license suspension with the DMV could be greater. So on the other hand if you give a chemical test—we’re successful in refusal cases and non-refusal cases, so I can’t say, “go ahead and refuse,” but I can tell people what their rights are and their requirements are and then they make their own decision.

WHAT YOU SHOULD DO FOLLOWING A DRUNK DRIVING ARREST

In this part of the interview Mr. Berman and the host discuss what happens following DUI arrests. Mr. Berman outlines the steps that need to be taken following release from jail, advising that the priority should always be to consult an experienced drunk driving attorney. Read on to learn more about what to expect in the days and weeks following a DUI arrest.

On getting back to your question about what do you do at two-o-clock in the morning. You’re in jail. Most likely you’re going to be released soon unless you have to post bail and the first thing you’re going to need to do is call a lawyer. Call a DUI defense attorney that knows how to handle these kinds of cases. The DMV needs to be called within ten days of the arrest in order to stop that suspension from going into effect. If the DMV isn’t called within ten days, the right to a hearing is gone. The suspension is going to go into effect. That’s on most occasions. Sometimes there are exceptions to that but that’s the general rule. And then you need to have a lawyer represent you because you can end up pleading guilty to charges and the State won’t be able to ever prove the case and you’ll never know it. Many times when we go to trial. When we go all the way through trial—and, you know, we don’t in every case but we do win a large portion of the cases. Also during that process, the state doesn’t have the police officer available or there is more than one police officer testifying in court and you have two police officers testifying to the same incident differently. So the evidence doesn’t come out—and I’ve never seen a case come out the way it’s written in the police report. So in answer to your question again, once you go through the system, once you’re released, you need to contact an attorney right away, and of course 888-4-TOPGUN is the number that’s been out there for quite a while.

PUBLIC TRANSPORTATION AND DUI ARRESTS

At this point in the interview, Los Angeles DUI defense lawyer Myles Berman takes a call from a listener. Mr. Berman discusses DUI statistics in Southern California vs. Manhattan and illustrates the link between DUI arrests and a lack of public transportation.

DJ: So let’s go to Jeff. Jeff you’re on the air with Myles L. Berman.

Jeff: Hi Myles. I have a question for you. I don’t understand how you have the audacity to put blame on the liquor industry for these people’s decisions to drink to excess, get behind the vehicle, and risk other people’s lives. You know, blowing a .5. You want to blame somebody else. This is his decision.

MylesBerman: I think you missed—

Jeff: I’m glad that he’s been arrested. I’m hope he goes to jail. He can give us this wonderful, sad story that he’s lost his job and how he had to pay a $1600 fine but that’s his own fault.

Myles L. Berman: You’re name is Jeff?

DJ: Yeah, it’s Jeff

MylesBerman: I understand where you’re coming from, and listen, nobody wants drunk drivers on the road, and I don’t want drunk drivers on the road, but you mischaracterized what I said. What I said was that the issue of driving under the influence is directly related to the easy accessibility, the availability by the liquor industry—and not just the liquor industry—I’m mean look at today for example—there’s all kinds of parties, there’s all kinds of events for St. Patrick’s day. And so, you’re absolutely correct, people choose to drink and then they choose to drive. What I’m saying is the only way to eliminate it is to take away the accessibility of alcohol and that’s not a realistic approach. I’m not blaming the liquor industry for anybody drinking then driving. I mean, that’s an individual choice. And in this day and age and in Southern California there hardly is any public transportation. You don’t hear of a DUI problem in Manhattan

DJ: Yeah, because there’s so many taxis around.

MylesBerman: Localities that have public transportation—there is a direct correlation between that and less of a DUI issue, but in Southern California it’s an issue.

DJ: So you would starve in New York

Myles Berman: (Laugher). Well, I don’t know, I’ve visited New York but I don’t know how my life would turn out if I l lived in Manhattan. Maybe I’d be a different type of criminal defense lawyer.

CAN A DUI CONVICTION AFFECT EMPLOYMENT?

In this segment the host takes a call from a listener who has been denied a job because of multiple DUI arrests on his record. Mr. Berman discusses the consequences associated with a DUI conviction and illustrates why it is so important to have a top drunk driving lawyer handle your case.

DJ: Glen, you’re on the air.

Glen: Hello.

DJ: Hey, Glen.

Glen: I had like two DUIs like 14 years ago in ’96 and then I had a third one in ’01 and I was represented and the lawyer did a great job keeping me out of jail. But I ended up in education. And I went for a job interview just a couple of weeks ago for substitute teaching and was denied a job because of the DUIs and I was wondering if they have a right to do that. I mean they were so long ago. It seems like a discrimination thing to me. I was wondering if that’s the case.

Myles Berman: Well, you know there really is a… this is one of the reasons why the legislature and groups like Mothers Against Drunk Driving are successful in making the laws so tough. There is nobody in their right mind who would advocate for a drunk driver or who is a convicted drunk driver. In your particular situation, you’re in a very difficult situation. What’s happened is this, and when I said earlier that the law is in a state of flux. Right now if you’re convicted of DUI it stays on your record for ten years. It used to be seven years and it used to be five years before that. When they went from 7 to 10 they actually wanted to make it lifetime. They will make it lifetime eventually in my opinion. So the caller who has three prior DUIs is going to be facing a felony once they make it lifetime. The two in ’96 are—they’re off and so now he’s got one in 2001 and that’s going to stay on his record for 10 years. But, again, this is the dangers of, and one of the serious consequences for DUI: That employment positions, jobs—In this economy its even more important that you have legal representation because so many people are losing their jobs. Companies—I think companies would be well within their right, in this day and age, to consider if they want to fire someone who is convicted of DUI. I’m not saying I agree with that. I’m not going to take a position that I agree or disagree. I’m just saying that in this day and age because of the attention that’s been brought to this issue, that especially somebody who has to drive for a living… You know: Federal Express, the termite guy. If somebody is convicted of DUI, you don’t necessarily want them working for you. On the other hand there’s people that have been working for a company for 20 years, 30 years. They’re great employees and they just happened to maybe have made this mistake and therefore, companies will work with them. But the consequences of being convicted of DUI can be devastating. That’s why it’s important that we do what we do.

HOLIDAY CELEBRATIONS AND RESPONSIBLE DRINKING

At the close of the interview, Myles Berman and the host take the opportunity to wish listeners a safe and happy holiday. To learn more about DUI enforcement in Los Angeles and locations throughout Southern California, contact DUI attorney Myles Berman today.

DJ: We wanted to—and this is one of the reasons it’s good for us—We wanted to make sure that you, on this day of St Patrick’s day with parties and various things going on, do try to work it out to get a ride with somebody that has not been drinking. Maybe a taxi. Whatever it is that you need to do to make sure that you make good decisions on this day.

DJ: So if you don’t make good decisions, you are either A: an idiot; or as bad as being B: a killer.

DJ: And you could wind up in the services of this gentlemen here. So if you do make a bad choice or have made a bad choice, probably not good to represent yourself. Get yourself an attorney and make sure you’re covered in that area.

DJ: Alright Myles, thanks for being here, man.

Myles Berman: Hey, thanks for having me. You guys are great guys and you have a great show.

DJ: Again, the website is www.topgundui.com. The number is 888-4-TOPGUN. Thanks Myles.

Myles L. Berman: Thank you and happy St. Patrick’s day and I wish everybody a safe and sober St. Patrick’s Day.

DJ: There you go. We’ll do business and return. It’s the Mark and Brian radio show.